Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44

Copyright does not subsist in the White Pages or Yellow Pages directories as the applicants failed to identify authors who contributed independent intellectual effort or sufficient effort of a literary nature to the particular form of expression of the works; most contributions were automated, and substantial labour or expense alone does not meet the requirements for originality under the Copyright Act 1968 (Cth).

Parties
First Applicant: Telstra Corporation Limited; Second Applicant: Sensis Pty Ltd; First Respondent: Phone Directories Company Pty Ltd; Second Respondent: Australian Local Directories Pty Ltd; Third Respondent: Adam Hargraves; Fourth Respondent: Glenn Hargraves; Fifth Respondent: Daniel Stoten; Sixth Respondent: Local Directories Pty Ltd
Jurisdiction
Australia
Judgment Date
08 February 2010
Procedural Posture
Intellectual Property/copyright / Judgment on Preliminary Question
Outcome
Copyright does not subsist in any of the directories as original literary works.
Legal Topics
Copyright Subsistence, Originality, Authorship, Copyright in Compilations, Copyright Act 1968 (cth), Database Protection
Intellectual Property Copyright Subsistence Originality Authorship Copyright in Compilations Copyright Act 1968 (cth) Database Protection

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Parties

Telstra Corporation Limited

First Applicant

Sensis Pty Ltd

Second Applicant

Phone Directories Company Pty Ltd

First Respondent

Australian Local Directories Pty Ltd

Second Respondent

Adam Hargraves

Third Respondent

Glenn Hargraves

Fourth Respondent

Daniel Stoten

Fifth Respondent

Local Directories Pty Ltd

Sixth Respondent

Procedural Posture

Intellectual Property/copyright / Judgment on Preliminary Question

Legal Issues

  1. 1 Whether copyright subsists in White Pages and Yellow Pages directories as original literary works
  2. 2 Whether the directories satisfy the requirements of the Copyright Act 1968 (Cth) for originality and authorship

Ratio Decidendi

Copyright does not subsist in the White Pages or Yellow Pages directories as the applicants failed to identify authors who contributed independent intellectual effort or sufficient effort of a literary nature to the particular form of expression of the works; most contributions were automated, and substantial labour or expense alone does not meet the requirements for originality under the Copyright Act 1968 (Cth).

Court Disposition

Copyright does not subsist in any of the directories as original literary works.

Orders

  • Parties directed to bring in a proposed minute of orders by 4:00pm 12 February 2010 to give effect to reasons for decision; if parties do not agree, hearing listed for 9:30am 15 February 2010.